Chintu Kumar Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5395 of 2015

1. Chintu Kumar Singh S/o Satyendra Singh Aged About 21 Years R/o Birgaon, Durga Nagar, Near Hanuman Mandir, Urla, Raipur, District Raipur Chhattisgarh.

2. Yashwant Singh S/o Shri Chandra Bhushan Singh Aged About 27 Years Caste Rajput, R/o Kailash Nagar, Birgaon, Urla, Raipur, District Raipur Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Nandghat, District Bemetara Chhattisgarh. ---- Non-applicant For Applicants:

Shri C.R. Sahu, Advocate.

For Non-applicant/State:

Shri Anant Bajpai, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 12/10/2015 Heard.

(1) The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No.276/2015 registered at Police Station Nandghat, District Bemetara for the offence punishable under Sections 34(1)(A), 34(2) & 47(A) of the Chhattisgarh Excise Act, 1915. (2) Case of the prosecution, in brief, is that the applicant was found in possession of 172.80 bulk liters of Foreign liquor.

(3) Learned counsel for the applicants submits that the applicants are innocent persons and they have falsely been implicated in the case, and therefore, they may be released on bail.

(4) On the other hand, learned counsel for the State opposes the bail application.

(5) Considering the totality of the facts, in particular, the provisions contained in Section 59-A(ii) of the C.G. Excise Act, 1915; and looking to huge quantity of liquor seized from the possession of the applicant; I am not inclined to release the applicant on bail. Thus, the bail application is rejected. Sd/- (Sanjay K. Agrawal) Judge D/-